J. Forfeiture of seized property

Steven Michael Leonard v. State of Wisconsin, 2015 WI App 57; case activity (including briefs) NOTE: This case’s analysis of whether DC is a misdemeanor crime of domestic violence is effectively overruled by Doubek v. Kaul, 2022 WI 31. The court of appeals concludes that there’s no basis in the record for determining whether Leonard’s disorderly conduct conviction qualifies as… Read more

Question presented: Whether the pretrial restraint of a criminal defendant’s legitimate, untainted assets (those not traceable to a criminal offense) needed to retain counsel of choice violates the Fifth and Sixth Amendments. Lower court decision: United States v. Sila Luis, 564 Fed. Appx. 493 (11th Cir. May 1, 2014) (unpublished) Docket Scotusblog page This decision will resolve a… Read more

Henderson v. United States, USSC No. 13-1487, 2015 WL 2340840 (May 18, 2015), reversing  United States v. Henderson, Case No. 12-14628, 2014 WL 292169 (11th Cir. 2014) (unreported); Scotusblog page (includes links to briefs and commentary) The Supreme Court unanimously holds that a defendant convicted of a felony retains “a naked right of alienation” in any firearms… Read more

Question presented: Does a felony conviction extinguish all of a defendant’s property interests in a firearm, such that he or she may not even arrange for the sale or other transfer of any surrendered or seized firearms to another person because doing so would constitute “constructive” possession and thus violate 18 U.S.C. § 922(g)’s ban on possession of a… Read more

Aaron v. Ols v. City of Milwaukee, 2013AP1882, District 1, 6/24/14 (not recommended for publication); case activity Ols is entitled to the return of his firearm under § 968.20 because there is insufficient evidence that Ols used the firearm in the commission of a crime. Ols was charged with disorderly conduct while armed (later reduced to a municipal ordinance violation) for… Read more

State v. One 2010 Nissan Altima, 2013AP2176, District 2, 6/11/14 (not recommended for publication); case activity Daughter’s possession of and control over a car titled and registered in her father’s name made her the “owner” of the car for purposes of the property forfeiture law, so the circuit court properly rejected her father’s claim that he was… Read more

Kaley v. United States, USSC 12-464, 2/25/14 United States Supreme Court decision, affirming United States v. Kaley, 677 F.3d 1316 (11th Cir. 2012) In a 6-to-3 decision, the Supreme Court holds that when a post-indictment, ex parte restraining order under 18 U.S.C. § 853(e) freezes assets that are potentially subject to forfeiture but which the defendant needs to retain counsel, the defendant is… Read more